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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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BOCC
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11/23/2015
Meeting Type
Public Hearing
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Agenda
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E1
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Minutes 11-23-2015
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129 <br /> "SECTION 54.(c) The Environmental Management Commission shall adopt rules to <br /> amend 15A NCAC 02H .1300 through 15A NCAC 02H .1305 consistent with Section 54(b) of <br /> this act. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this <br /> subsection shall be substantively identical to the provisions of Section 54(b) of this act. Rules <br /> adopted pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of <br /> the General Statutes. Rules adopted pursuant to this subsection shall become effective as <br /> provided in G.S. 150B-21.3(bl) as though 10 or more written objections had been received as <br /> provided by G.S. 150B-21.3(b2). <br /> "SECTION 54.(d) The Department of Environment and Natural Resources shall study (i) <br /> how the term "isolated wetland" has been previously defined in State law and whether the term <br /> should be clarified in order to provide greater certainty in identifying isolated wetlands; (ii) the <br /> surface area thresholds for the regulation of mountain bog isolated wetlands, including whether <br /> mountain bog isolated wetlands should have surface area regulatory thresholds different from <br /> other types of isolated wetlands; and (iii) whether impacts to isolated wetlands should be <br /> combined with the project impacts to jurisdictional wetlands or streams for the purpose of <br /> determining when impact thresholds that trigger a mitigation requirement are met. The <br /> Department shall report its findings and recommendations to the Environmental Review <br /> Commission on or before November 1, 2014. <br /> "SECTION 54.(e) This section is effective when it becomes law. Section 54(b) of this act <br /> expires on the date that rules adopted pursuant to Section 54(c) of this act become effective." <br /> SECTION 418.(d) No later than March 1, 2016, the Environmental Management <br /> Commission shall amend 15A NCAC 02H .1305 (Review of Applications) to establish a <br /> coastal region, piedmont region, and mountain region for purposes of regulating impacts to <br /> isolated wetlands. The amount of impacts of isolated wetlands under 15A NCAC 02H <br /> .1305(4)(2) shall be the following: <br /> (1) Less than or equal to one acre of isolated wetlands for the entire project in <br /> the coastal region. <br /> (2) Less than or equal to one-half acre of isolated wetlands for the entire project <br /> for the piedmont region. <br /> (3) Less than or equal to one-third acre of isolated wetlands for the entire project <br /> for the mountain region. <br /> In no event shall the regulatory requirements for impacts to isolated wetlands be more stringent <br /> than required under current law. When the rules required by this section become effective, <br /> subdivision (1) of Section 54(b) of S.L. 2014-120 is repealed. <br /> STUDY COASTAL WATER QUALITY AND COASTAL STORMWATER <br /> REQUIREMENTS <br /> SECTION 4.19. The Department of Environment and Natural Resources shall <br /> evaluate the water quality of surface waters in the Coastal Counties and the impact of <br /> stormwater on this water quality. The Department shall study and determine the maximum <br /> allowable built-upon area for the low density state stormwater option as directly related to the <br /> length of grassed swale treatment length; therefore providing data for a property to achieve <br /> increased built-upon area above current limits by providing a longer length of grassed swale <br /> through which the stormwater must pass. If it is determined that increases in the percentage of <br /> built-upon area can be allowed in this way without detriment to the water quality, the <br /> Department shall submit recommendations to the General Assembly for the levels of increases <br /> in built-upon area that can be supported with corresponding increases in the length of grassed <br /> swale through which the stormwater shall pass. No later than April 1, 2016, the Department <br /> shall report the results of its study, including recommendations, to the Environmental Review <br /> Commission. <br /> AMEND STORMWATER MANAGEMENT LAW <br /> SECTION 4.20.(a) Section 3 of S.L. 2013-82 reads as rewritten: <br /> "SECTION 3. The Environmental Management Commission shall adopt rules <br /> implementing Section 2 of this act no later than Rtly 1, 2016-November 1, 2016." <br /> SECTION 4.20.(b) G.S. 143-214.7, as amended by S.L. 2015-149, reads as <br /> rewritten: <br /> "§ 143-214.7. Stormwater runoff rules and programs. <br /> House Bill 765-Ratified Session Law 2015-286 Page 55 <br />
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